Residents of Green Springs Valley Subdivision v. Town of Newburgh

This is an appeal by the residents of Green Springs Valley Subdivision et al. (hereafter residents) from summary judgment in favor of Town of Newburgh, Indiana, declaring that residents had waived their rights to remonstrate against annexation by Newburgh. The dispositive issue on appeal is whether certain contracts purporting to waive residents’ rights to remonstrate were effective.

Since this is an appeal from the granting of summary judgment, the standard of review by this court is limited to certain well defined parameters. In Pallikan v. Mark (1975), 163 Ind. App. 178, 322 N.E.2d 398,…